Texas 2011 82nd Regular

Texas House Bill HB3776 Introduced / Bill

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                    By: Guillen H.B. No. 3776


 A BILL TO BE ENTITLED
 AN ACT
 relating to deer identification and deer breeder operations.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter L, Chapter 43, Parks and Wildlife
 Code, is amended to read as follows:
 Sec. 43.3561.  IDENTIFICATION OF BREEDER DEER.  (d)  If a
 deer breeder uses a durable identification tag that is a microchip
 implanted under the deer's skin the department must determine a
 deadline after birth of the breeder deer as early as the department
 determines is feasible to assure the proper identification of the
 breeder deer.
 (e)  The commission shall adopt rules requiring game wardens
 and other personnel involved in checking breeder deer to use the
 least disruptive method of performing the inspection required to
 enforce department regulations and perform the inspection in
 coordination with the permittee if the permittee is available at
 the time of the inspection.
 (f)  The commission shall adopt rules allowing deer breeder
 permittees whose records are challenged or found to be insufficient
 during an inspection to exercise the option of providing DNA test
 results at the permittee's expense to identify genetic
 relationships of breeder deer after the department gives written
 notice to the deer breeder permittee listing the probable cause for
 the tests and which deer are included in that probable cause
 designation.
 (g)  Results from a DNA test are not a defense against any
 fines levied by the department for failure to keep proper records of
 all deer in a deer breeder facility.
 SECTION 3.  The changes in law made by this Act apply to all
 inspections, investigations or actions that take place on or after
 the effective date of this Act.  An inspection, investigation or
 action taken before the effective date of this Act is governed by
 the law as it existed immediately before the effective date of this
 Act, and that law is continued in effect for that purpose.